Planning, Taxi Licensing and Rights of Way Committee Report. Valid Date: 29/06/2016

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1 Planning, Taxi Licensing and Rights of Way Committee Report Application No: P/2016/0686 Grid Ref: Community Council: Rhayader Valid Date: 29/06/2016 Officer: Karen Probert Applicant: Location: Proposal: Application Type: Powys County Council, Engineering Design Services, County Hall, Llandrindod Wells, Powys, LD1 5LG. Army Cadets Building, Cwmdauddwr, Rhayader, Powys, LD6 5EU. Demolition of existing porta-cabin and replacement with new for Welfare Unit (extension to Rhayader Waste and Recycling Bulking Facility) Application for Full Planning Permission The reason for Committee determination The application has been submitted by Powys County Council. Site Location and Description The application site is located directly south west of the site for the Rhayader Waste and Recycling Bulking facility and is located within the settlement development boundary for Rhayader. The application site currently accommodates the former Army Cadet building which is a timber cladded porta cabin. Directly north of the application site lies an area of mature trees, to the east is the existing access road to the Rhayader Waste and Recycling Bulking facility and a public car park, to the south is an area of mature trees and the access road whilst to the west is a buffer of mature trees and existing gardens to the residential properties located along the C1204. Consent is sought for the demolition of the existing porta-cabin (former Army Cadet Building) and the replacement with new cabin for use as a Welfare Unit as an extension to the Rhayader Waste and Recycling Bulking Facility. The proposed Welfare Unit will measure approximately 16.2 metres in length by 7.9 metres in width reaching a height of 3.4 metres respectively. Consultee Response PCC - Highways The Highway Authority does not wish to comment on this application. Rhayader Town Council 1

2 There were no objections to this application & Councillors recommended approval. Wales and West Utilities We enclose an extract from our mains records of the area covered by your proposals together with a comprehensive list of General Conditions for your guidance. This plan shows only those pipes owned by Wales & West Utilities in its role as a Licensed Gas Transporter (GT).Gas pipes owned by other GT's and also privately owned pipes may be present in this area. Information with regard to such pipes should be obtained from the owners. The information shown on this plan is given without obligation, or warranty and the accuracy thereof cannot be guaranteed. Service pipes, valves, syphons, stub connections, etc., are not shown but their presence should be anticipated. No liability of any kind whatsoever is accepted by Wales & West Utilities, its agents or servants for any error or omission. Wales & West Utilities has pipes in the area. Our apparatus may be affected and at risk during construction works. Should the planning application be approved then we require the promoter of these works to contact us directly to discuss our requirements in detail before any works commence on site. Should diversion works be required these will be fully chargeable. You must not build over any of our plant or enclose our apparatus. Please note that the plans are only valid for 28 days from the date of issue and updated plans must be requested before any work commences on site if this period has expired. Welsh Water We would request that if you are minded to grant Planning Consent for the above development that the Conditions and Advisory Notes provded below are included within the consent to ensure no detriment to existing residents or the environment and to Dwr Cymru Welsh Waters assets. Sewerage Conditions: No surface water and /or land drainage shall be allowed to connect directly or indirectly with the public sewerage network. Reason: To prevent hydraulic overloading of the public sewerage sytstem, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environemtn. Advisory Notes: The applicant may need to apply to Dwr Cymru / Welsh Water for any connection to the public sewer under S106 of the Welsh Water industry Act If the connection to the public sewer network is either via a lateral drain (ie. A drain which extends beyond the connecting property boundary) or via a new sewer (ie. Serves more than one property), it is 2

3 now a mandatory requirement to first enter into a Section 104 Adoption Agreement (Water Industry Act 1991). The design of the sewers and lateral drains must also conform to the Welsh Ministers Standards for Gravity Foul Sewers and Lateral Drains, and conform with the publication Sewers for Adoption 7 th Edition. Furher information can be obtained via the Developer Services pages of The applicant is also advised that some public sewers and lateral drains may not be recorded on our maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations The prescence of such assets may affect the proposal. In order to assist us in dealing with the proposal the applicant may contact Dwr Cymru Welsh Water on to establish the location and status of the apparatus. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times. Our response is based on the inforation providdd by your applicatoni. Should the proposal alter during the course of the applicaton process we kindly request that we are re-consulted and rserve the right to make new representiaotn. PCC - Ecologist Thank you for consulting me with regards to planning application P/2016/0686 which concerns the demolition of existing porta-cabin and replacement with new. I have reviewed the proposed plans and photos of the existing building as well as local records of protected and priority species and designated sites within 500m of the proposed development. The data search identified 159 records of protected and priority species within 500m of the proposed development no records were for the site itself. Having reviewed the proposed development, areas of the existing dwelling affected by the proposed works and the ecological report submitted it is considered that the proposed development would be unlikely to impact bats. The ecological report attached with the application was carried out with sufficient surveying effort to conclude there is no presence of bats in the porta-cabin. The roof covering appears to be in good condition. The gable ends, eaves, fascias and soffits affected by the proposed demolition appear to be in good condition offering limited potential for bats to gain access to the structure in this location. It is therefore considered that the proposed demolition would be unlikely to impact roosting bats. In light of this assessment I consider that no further information is considered necessary to determine the potential impact of the proposed demolition on bats. Having reviewed the other species identified as present in the local area by the data search it is not considered likely that the proposed development would result in negative impacts to these species and no surveys are considered necessary. There are no other statutory or non-statutory designated sites located within 500m of the proposed development. NRW 3

4 Thank you for consulting Natural Resources Wales (NRW) about the above, which was received on 30/06/2015. NRW does not object to the proposal. In our opinion, as explained below, the proposal is not likely to adversely affect any of the interests listed. Protected Species: Bats are protected under the Wildlife and Countryside act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2010 (as amended). NRW is satisfied that the ecological assessment (Rachel Price June 2016) has been carried out to an acceptable standard. The report states that there was no evidence that the building was being used as a bat roost and that the building has negligible potential to support roosting bats The applicant should be advised that should bats be discovered at any stage during the works, all work should stop immediately and NRW contacted for further advice. Environmental Management: Waste arising from the development must be disposed of in an appropriate way i.e. to a waste management facility, and where possible it should be re-cycled. Certain wastes, for example asbestos, are classed as Hazardous Wastes and shall only be disposed of to an appropriate facility, licensed to take such wastes. If during the construction/excavation works any contaminated material is revealed you must contact NRW immediately. PCC Contaminated Land Officer In relation to Planning Application P/2016/0686 the following application is provided for the consideration of Development Control. Advice 1. Historic ordnance survey (OS) maps identify that the application site is located on land formerly associated with a railway line and is within 200 metres of a closed landfill site. These historic land uses are potential sources of contamination that could pose a potential risk to the proposed development. 2. Subsection 1.1 Proposed Development Summary of the Design and Access Statement, submitted in support of Planning Application P/2016/0686, identifies that the application proposal is an extension to an earlier Planning Approval (ref: P/2015/0942) and states: The planning works for this application are to replace an existing porta-cabin type building previously used as a cadet hut, with a new porta-cabin type building of similar size for use as a welfare facility for the depot staff. The site boundary of the Rhayader Waste and Recycling Facility will be extended to include the footprint of the proposed welfare unit. 4

5 Furthermore, subsection 1.2 Site Context of the Design and Access Statement details that: In the original application the proposed new welfare unit was located to the south of the site in the staff car park area and: It is now proposed to locate the new welfare unit on the site of the old cadet hut, allowing more space for staff and visitor car parking and utilising the existing service connections that the cadet hut has. 3. In relation to Planning Approval P/2015/0942, the following document was submitted in support of the discharge of conditions application DIS/2016/0051: Arcadis Powys County Council, Rhayader Recycling Depot Site Characterisation Report (ref: 0101-UA UP32R-01) April The Site Characterisation (ref: 0101-UA UP32R-01) document included an investigation and assessment of the potential risks to the welfare unit, proposed under Planning Approval P/2015/0942, from potential land contamination and ground gas associated with the former railway and landfill site (respectively). 4. Paragraph , of Chapter 13 Minimising and Managing Environmental Risks and Pollution, of the Welsh Government document Planning Policy Wales advises: responsibility for determining the extent and effects of instability or other risk remains that of the developer. It is for the developer to ensure that the land is suitable for the development proposed, as a planning authority does not have a duty of care to landowners. 5. In consideration of the above, it is recommended that in respect of land contamination the recommendations provided in section 7 Conclusions of the Arcadis Site Characterisation (ref: 0101-UA UP32R-01) document are adopted for the development works proposed under Planning Application P/2016/0686. Furthermore, it is recommended that the following worded Condition is attached to any permission granted for Planning Application P/2016/0686: Potential Contamination In the event that contamination is encountered at any time when undertaking the approved development immediate contact must be made with the Local Planning Authority. The development must not proceed until an investigation and risk assessment has been undertaken, by a qualified and experienced environmental consultant, and where remediation is necessary a Remediation Strategy must be prepared, which is subject to the approval in writing of the Local Planning Authority. Following completion of the remedial works identified in the approved Remediation Strategy a Verification Report that demonstrates compliance with the agreed remediation objectives must be produced by a qualified and experienced environmental consultant, and is subject to the approval in writing of the Local Planning Authority prior to commencement of use of the development. PCC - Land Drainage No response at the time of writing this report. 5

6 Cllr. Kelvyn Curry No response at the time of writing this report. PCC - Building Control No response at the time of writing this report. Public Response A public site notice was erected on site on the 4 th July 2016; at the time of writing this report no public representations have been made. Planning History P/2015/0942- Redevelopment of waste & recycling bulking facility including removal of 2 store buildings, construction of building for bulking up of waste and cardboard, new welfare amenity building, conversion of existing welfare unit to offices and all associated works. Conditional consent 03/12/2015. Principal Planning Policies National Planning Policy Planning Policy Wales (Edition 8, 2016) Technical Advice Note 5: Nature Conservation and Planning (2009) Technical Advice Note 11: Noise (1997) Technical Advice Note 12: Design (2014) Technical Advice Note 18: Transport (2007) Technical Advice Note 21: Waste (2014) Local Planning Policy Unitary Development Plan (2010) UDP GP1- Development Control UDP GP3- Design and Energy Conservation UDP GP4- Highway and Parking Requirement UDP ENV 2 Safeguarding the Landscape UDP ENV3- Safeguarding Biodiversity and Natural Habitats UDP ENV7- Protected Species UDP EC1- Business, Industrial and Commercial Developments UDP EC5- Expansion of Existing Employment Sites UDP DC1 Access by Disabled Persons UDP DC10- Mains Sewerage Treatment UDP DC13- Surface Water Drainage UDP HP4 - Settlement Development Boundaries and Capacities UDP DC15 Development on Unstable or Contaminated Land UDP TR2 Tourist Attractions and Development Areas 6

7 RDG=Powys Residential Design Guide NAW=National Assembly for Wales TAN= Technical Advice Note UDP=Powys Unitary Development Plan, MIPPS=Ministerial Interim Planning Policy Statement Officer Appraisal Section 38 (6) of the Planning and Compulsory Purchase Act 2004 Members are advised to consider this application in accordance with Section 38 (6) of the Planning and Compulsory Purchase Act 2004, which requires that, if regard is to be had to the development plan for the purpose of any determination to be made under the Planning Acts, the determination must be made in accordance with the plan unless material considerations indicate otherwise. Background The application proposes an extension to the boundary of the Rhayader Waste and Recycling Bulking Facility (P/2015/0942) which was granted permission on the 3rd December The extended boundary will include the footprint of the proposed Welfare Unit and to provide a short pedestrian route from the Welfare Unit to the car park of the waste and recycling facility. Principle of development Consent is sought for the extension of the existing Rhayader Waste and Recycling Bulking Facility for the provision of a new welfare facility. Policy EC1 and EC5 generally supports the expansion of existing employment sites and therefore it is considered that the principle of the development fundamentally complies with relevant planning policy. Design and Appearance With respect to design and appearance, specific reference is made to UDP policy GP1. The respective policies indicate that development proposals will only be permitted where the design, scale, mass and materials used complement and wherever possible enhance the character and appearance of the surrounding area. The proposal is for a building of a similar scale, height and design to the building currently on site which was used previously as an Army Cadet Hut. The existing building is of timber clad construction whilst the proposed Welfare Unit is to be a modular prefabricated cabin with steel panel walls (coloured grey) and roof sheeting. Having considered the submission, the proposal to develop a porta-cabin style single storey unit in this setting would be of an appropriate scale and form and general character to reflect the existing use and buildings in the local vicinity. It is therefore considered that the proposed development fundamentally complies with Policy GP1 of the Unitary Development Plan. Amenity of neighbouring residential properties 7

8 The building is located approximately 50 metres north east of the nearest neighbouring residential dwelling. It is noted that there is a buffer of mature trees which exists between the properties and the site. It is noted that the planning permission for the current recycling site has a limit on working hours from 7am to 6pm Monday to Saturday unless otherwise agreed in writing with the LPA. The applicant has confirmed that noise and light pollution from the welfare unit itself will be minimal with only internal lighting proposed. It is further noted that the staff vehicles parking area is in the adjacent car park and therefore located away from the nearest neighbouring residential properties. Having considered the details of the application and the distance away from adjoining properties, it is considered that the amenities enjoyed by the occupants of the nearby properties will not be unacceptably affected in terms of noise and light pollution and as such the proposal accords with Policy GP1 of the UDP. Highway Safety Adequate highway provision is a fundamental consideration of any planning application. The Highway Authority was consulted on the application and has confirmed that they have no comments or objections to make on the proposed development. In light of the above it is therefore considered that the proposal will not have a detrimental impact upon highway safety and therefore accords with Policy GP4 of the UDP. Ecology An Ecological assessment was produced and submitted in support of the application dated June NRW and the County Ecologist have both been consulted on the application and have confirmed that they are satisfied that the ecology report submitted with the proposal has been carried out to an acceptable standard and that there is no evidence that the building is used as a bat roost and the building has negligible potential to support roosting bats. Therefore on this basis both NRW and Powys Ecologist raised no objections and note that the proposal is not likely to adversely affect any of the interests listed. In light of the above, it is considered that the application complies with Policies ENV3 and ENV7 of the Unitary Development Plan. Contamination It is noted that the application site is located on land formerly used associated with a railway line and is within 200 metres of a closed landfill site, both of which are potential sources of contamination. 8

9 The Contaminated Land Officer was consulted and confirms that in support of the previous development P/2015/0942 a Site Characterisation Report was submitted. This report included an investigation and assessment of the potential risks to the welfare unit, proposed under Planning Approval P/2015/0942, from potential land contamination and ground gas associated with the former railway and landfill site (respectively). The Contaminated Land Officer recommends that in respect of land contamination the recommendations provided in section 7 Conclusions of the Arcadis Site Characterisation (ref: 0101-UA UP32R-01) document are conditioned for the development works proposed under Planning Application P/2016/0686. It is therefore considered that in light of the above and with the inclusion of an appropriately worded condition and informative it is considered that the proposed development fundamentally complies with relevant planning policy. Decision In light of the above it is therefore considered that the proposed development fundamentally complies with relevant planning policy. The recommendation is one of conditional consent. Conditions Reasons 1. The development to which this permission relates shall be begun no later than the expiration of five years from the date of this permission. 2. The development shall be carried out strictly in accordance with the plans stamped as approved (XXXXX). 3. No surface water and /or land drainage shall be allowed to connect directly or indirectly with the public sewerage network. 4. Development must be completed in full accordance with the recommendations provided in section 7 Conclusions of the Arcadis Site Characterisation (ref: UA UP32R-01) unless otherwise agreed in writing by the Local Planning Authority. 1. Required to be imposed by Section 91 of the Town and Country Planning Act To ensure adherence to the plans stamped as approved in the interests of clarity and a satisfactory development. 3. To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment. 4. The site is in an area of potentially contaminative past uses. To protect the water environment and human health and in the interests of wildlife conservation in 9

10 accordance with policy DC15 of the Unitary Development Plan and Planning Policy Wales (Edition 8, 2016). Informative Notes Potential Contamination In the event that contamination is encountered at any time when undertaking the approved development immediate contact must be made with the Local Planning Authority. The development must not proceed until an investigation and risk assessment has been undertaken, by a qualified and experienced environmental consultant, and where remediation is necessary a Remediation Strategy must be prepared, which is subject to the approval in writing of the Local Planning Authority. Following completion of the remedial works identified in the approved Remediation Strategy a Verification Report that demonstrates compliance with the agreed remediation objectives must be produced by a qualified and experienced environmental consultant, and is subject to the approval in writing of the Local Planning Authority prior to commencement of use of the development. Case Officer: Karen Probert- Planning Officer Tel: karen.probert1@powys.gov.uk 10

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